Why you should use management rights experts

It is for the same reason you should not go to your local lawyer for a management rights matter.

Some people play them down as being simple but they are not. There are a myriad of things that lawyers who don’t practice regularly in management rights simply will not know how to handle.

When investigating a management rights purchase or sale, you will no doubt repeatedly hear that you should (or must) use an industry expert. As you would expect us to, we cannot recommend this strongly enough. Some people disregard this and use their usual lawyer, accountant or their local bank.

More often than not, these are the clients that we end up assisting after things have taken a turn for the worse. Management rights is a very specialised area.

Using someone who does not know what they are doing to assist you will be an experience fraught with frustration (through your advisor not knowing what is going on and not being able to assist you) and financial danger, which is usually the result of bad advice.

Many people call themselves experts. It is easy to advertise that. If they do, don’t be afraid to ask for testimonials from other management rights clients. Ask them how many management rights transactions they are currently working on, or how many management rights clients they have advised over the last few months. Investigate how committed they are to the management rights industry. Ask the other industry professionals you are working with how often they have dealt with your advisors.

Hynes Legal are management rights experts. We live and breathe management rights.

We will have answers to all of your management rights questions – quite possibly before you know you need to ask them. Others don’t.

We are not the cheapest but nor are we the most expensive. What we provide is real value for money.

Testament to that is the fact that we normally have 50 or more management rights transactions on foot. Many of those are new clients but a lot of those are repeat clients. They know what we are like to deal with and quite often signed contracts hit our desk before we have even given a quote – that is how much our client’s trust us.

Ask our experts

Amy O’Donnell

Associate Director

Expertise

Amy is a property lawyer with 20 years experience, more than half of which has been spent at Hynes Legal.

She was one of the first lawyers to work in the firm’s (then new) Brisbane office in 2004 when Hynes Legal was based on the Gold Coast.

Amy’s experience is wide ranging and she has extensive experience in all property matters, but as with all at Hynes Legal, her focus is now very specialised. All she does now is motels and management rights. One of Amy’s career highlights remains the drafting of the standard industry motel lease which is still widely used in the industry today. She can walk you through what should be in a motel lease with her eyes closed. She has acted for hundreds of buyers and sellers of management rights and motel businesses and assists her clients to reach not only the legal solutions but the best commercial outcomes.

Amy is very down to earth and is capable of cutting straight to what the core issue of any problem along with her fellow team members at Hynes Legal.

She has two beautiful children, loves running and fitness generally, and for the sporting amongst you, has some deep AFL connections – not the least of which is to her husband who is a former elite level AFL umpire.

Areas of practice

Management rights (Queensland and New South Wales)

Motels (Queensland and New South Wales)

Bodies corporate and owners corporations (Queensland and New South Wales)

Queensland leasing (commercial and retail shop leasing)

Qualifications

Bachelor of Laws, Queensland University of Technology

Master of Laws, Queensland University of Technology

Bachelor of Business, Queensland University of Technology

Admitted as a solicitor in the Supreme Court of Queensland and New South Wales

Recent Projects

Acting in the purchase of some of the biggest management rights businesses in Australia, dealing with all issues such as mixed use commercial and residential issues, GST and going concern issues, NRAS and negotiation of clawback arrangements along with all other usual due diligence issues.

Acting and managing upwards of 30 individual management rights transactions at any given time. These include a range of off-the-plan and completed projects as well as existing permanent, corporate let and holiday let complexes. Our team acts for several major unlisted industry groups that have portfolios of more than ten complexes each.

Acting in the purchase and sale of motel businesses across Queensland and New South Wales, dealing with all issues such as negotiation of the contract, negotiation of the lease, obtaining the consent of the landlord and negotiation of the deed of consent agreement between the financier and the landlord, along with all other usual settlement issues.

Acting in a wide variety of leasing matters including the negotiation and drafting of Agreements to Lease, Leases and advising both landlord and tenants.

Reviewing and advising upon all aspects of commercial and retail shop leases.

Assisting bodies corporate, individual lot owners, building managers, body corporate managers and companies on various advices in relation to the strata legislation in Queensland and New South Wales.

Assisting with advice on specific strata legislation, such as the Building Units and Group Titles Act 1980.

Reviewing and advising upon by-law validity, the scope of caretaking agreements and community management statements.